On May 21, 2020,Governor Gretchen Whitmer issued new Executive Order 2020-96 (Expanded Reopen Order), which rescinded all prior Stay Home, Stay Safe Executive Orders (collectively, Prior Orders). The Expanded Reopen Order takes effect immediately and continues through May 28, 2020, at 11:59 p.m., though several of the changes do not take effect until 12:01 a.m. on May 26, 2020.
The Expanded Reopen Order permits gatherings of no more than 10 people statewide, effective immediately, permits retailers and motor vehicle dealerships to see customers by appointment beginning on May 26, 2020, and permits health care and veterinary facilities to resume certain postponed medical and dental procedures on May 29, 2020.
Permitted Activities
Individuals may now leave their home to: (1) attend social gatherings of no more than 10 people; (2) go to a retail store by appointment as permitted; or (3) after 12:01 a.m. on May 26, 2020, go to a motor vehicle dealership showroom.
Certain Retail and Car Dealership Activities Permitted to Resume
Beginning at 12:01 a.m. on May 26, 2020, the following workers may resume work:
Retail activities include the selling of goods and the rendering of services incidental to the sale of the goods, such as packaging and processing, to allow for or facilitate the sale and delivery of the goods. Retail activities exclude those places of public accommodation that are closed under Executive Order 2020-69 which include:
Non-Essential Medical and Dental Procedures and Veterinary Services
As of May 28, 2020, at 11:59 p.m., the temporary requirements regarding the postponement of non-essential medical and dental procedures and the postponement of veterinary services have been rescinded. Outpatient health care facilities, including veterinary offices, are subject to the workplace safety rules described in Executive Order 2020-97.
Outpatient health care facilities, including clinics, primary care physician or dental offices and veterinary clinics that are resuming work must:
Revised Worker Protection and Safety Protocols
Under the Prior Orders, restaurants were required to obtain a doctor’s written release for an employee to return to work if an employee has a confirmed case of COVID-19. Under Executive Order 2020-97, an employer will allow employees with a confirmed or suspected case of COVID-19 to return to the workplace only after they are no longer infectious according to the latest guidelines from the CDC.
Warner has organized a cross-disciplinary legal team to help answer questions regarding the stay-at-home orders. If you have any questions or concerns related to the Expanded Reopen Order, or any previously issued stay-at-home orders, please reach out to your Warner client manager or Michael Brady, Troy Cumings, Amanda Fielder, Matthew Johnson or Linda Paullin-Hebden.
